When a parent
can no longer decide.
When a person loses capacity, families can disagree about who should decide for them, or how. We act in VCAT applications for guardians and administrators, and in disputes about attorneys.
Is this you?
When people come to us about guardianship and capacity disputes.
Each of these is a good reason to call, and none of them is too early.
- Your parent has dementia and has no power of attorney.
- You are worried an attorney is misusing a parent’s money.
- Family members disagree about where a parent should live.
- An application has been made to VCAT about a family member.
How we help
Capacity disputes are about protecting a person. They should be run that way.
If a person cannot make their own decisions and has no enduring power of attorney, VCAT can appoint a guardian for personal decisions and an administrator for financial ones under the Guardianship and Administration Act. VCAT can also review, suspend or revoke an enduring power of attorney where an attorney is not acting properly.
We act for family members and attorneys, explain the process, and help resolve disagreements with the person’s wellbeing at the centre.
What we do
- VCAT guardianship and administration applications
- Reviews of enduring powers of attorney
- Concerns about an attorney’s conduct
- Capacity assessments and evidence
- Representation at VCAT hearings
- Powers of attorney made while there is still capacity
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: where things stand
What has happened, which documents exist, and any time limit that is already running.
In writing: an assessment and an estimate
Whether there is a real basis to act, what the steps are, and what each stage will cost, before any work is done.
The first steps: your position protected
Time limits diarised and the documents and records requested, so nothing is lost while a resolution is worked out.
From then on: one lawyer, who answers
One lawyer runs the matter from start to finish, and keeps you told.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
My parent has no power of attorney. What can we do?
If they still have capacity, they can make one now. If not, a family member may need to apply to VCAT for a guardian or administrator.
I think an attorney is misusing my parent’s money. What can I do?
VCAT can review an attorney’s conduct, require accounts and revoke the appointment. We advise on the evidence needed.
What does it cost?
Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.
More in estate disputes
View all wills and estates- Challenging the validity of a willChallenges where the will-maker lacked capacity, was pressured, or the will was not properly made.Read more
- Contesting a willFamily provision claims for people who were not adequately provided for, within the six-month time limit.Read more
- Defending a contested willExecutors and beneficiaries defending claims against an estate, protecting the will and the estate’s value.Read more
- Executor and beneficiary disputesDisputes over delays, accounts, property and conduct between executors and beneficiaries.Read more
- Trust disputesDisputes over family and testamentary trusts: control, trustee conduct, accounts and distributions.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.